♪ you can help fight breast cancer today. ♪ >> i don't believe in coincidence. never have. probably never will. maybe it's the prosecutor in me. maybe as i get a little older i get a little wiser. but the timing of resignation director david petraeus, three days after a presidential election and just days before he is scheduled to testify before congressional committee seems anything but a coincidence. hello and welcome to justice. i'm judge jeanine pirro. men have affairs and they probably always will. most of the time the ripple

effect limit to the immediate family. but this time the ramifications are volcanic. when you are the head of the c.i.a. the national security risk and the potential intelligence disaster can be nothing short of a political tsunami. not to mention another roadblock in getting to the truth of what happened to four innocent americans massacred in benghazi. now, we know it wasn't about a video. we know the ambassador had asked for more security even to the day he died. we know the white house was watching in realtime as our men asked for help, but there is a lot we don't know. you recall the c.i.a. director initially went along with the white house video narrative. within three days he indicated in private that was al-qaeda connected. take a look. >> from what i understand, it took place behind closed door

sessions, he did provide the reality was al-qaeda participated groups in attack. >> judge jeanine: then who told them no stand down and who made the decision not to send 74 c.i.a. issued this statement. no one at any level at c.i.a. told anybody not to help those in need. claims to the contrary are simply inaccurate. now, the c.i.a. director with key information resigns. so when did the president know his c.i.a. head was having an affair? when did the f.b.i. tell the president of its investigation? would the f.b.i. not known for its warm and cuddly relationship with the c.i.a. dare investigate the head of the c.i.a. without telling the president of the united states?

all of a sudden we hear about it the investigation two days after the election. now, we know he met the general in 2006. by 2006 pursued a m.d. dissertation and was in 2010 was embedded with the military. within a year he goes to an f.b.i. investigation for senate confirmation as c.i.a. director. do you really think that a paula broadwell connected with general in 2006 embedded him in afghanistan in 2010 that did the f.b.i. did not know 6 their relationship in 2011? which relationship he admits. how could they not know. they know how often your dog pees. why did they hold it? why now?

why? i don't believe in coincidence and never have and probably never will. joining me now, retired lieutenant general and fox news military analyst. good evening. do you believe in coincidence. >> i rest your case. you have a very compelling case. first of all let me say that general dave petraeus is one of the greatest generals this nation has had. i've been a great fan. i've been with him in mosul when he was two-star. i can't give higher plaudits but this crushing for all military people. initially i thought it was those things happen, but when he is not going to give his testimony seven days before he is supposed

to give it and then you find out that the f.b.i. has been looking at this in the spring, why didn't they then have his boss, general jim clapper, dave, is this true? if he said yes, we'll figure out, but you have to go. he knows that. they held it. you are right on his confirmation. then the normal process of how you handle that, when that is broken and the confidence how we handle senior people like that, then you start to wonder. it keeps coming back to benghazi and your points on benghazi. >> judge jeanine: i'm going to add to that once a senior official is within the scope of an f.b.i. investigation the chair and ranking member of key committees must immediately be briefed by the f.b.i. would you agree with me that if the head of the c.i.a. is being investigated with the f.b.i. that he would have had to tell

the president in addition to key people the relevance of it to the committee? >> absolutely. there is no question about it. they would have known and this would have taken care it very quickly. that is our particular point. why didn't they do this? why did they break the normal pane of behavior. >> judge jeanine: let's assume they did know because if the f.b.i. saying we were investigating him and the general is admitting he had an affair. then the question really is, why hold it? by holding this information and i got to tell you as you look at some of these tapes and the articles and book she wrote about him, it's clear that she knew a lot about him. was someone telling him he has to tow the line. is that why he quit? >> that is my supposition.

one thing he knew, when he had to go testify under oath he was not going to get caught for personal and go to jail. >> judge jeanine: everyone agrees general petraeus is without a doubt one of the greatest military leaders of our generation but of this country. the thought of his lying -- that is too strong a word -- not being as straightforward as he could be, doing that would depend on whether it works do you think that would depend on working for administration? >> i believe it would. initialing cover story was politicized or may have been a cover story. in any case, that is not under oath. he was testifying in front of members of congress. he was briefing not testifying. if they are not under oath to go

up and do that. when you are testifying under oath, you got the personal problem. look. dave petraeus -- perjury problem. he is going to take his lumps where they are and tell exam what happened. he was going to tell exactly what was going to happen. >> judge jeanine: i don't think anyone would doubt that. let's talk about leverage here. if you know someone is having an affair. that is incredible leverage. forget about the national security problem that it en again ders. what about a -- engenders. what about a court-martial having nothing to do with criminal charges but having affairs? >> yes. it's against the uniform code of military justice. for senior people they take care of it very discreetly and move them out of the way very quietly

in a nice way. technically you are correct. he is subject to uniform code of military justice and adultery is the charge. >> judge jeanine: very interesting. i think he came out with it and said i did have an affair. he could have said i was resigning. general, always good to see you. thank you. coming up key members of congress react to the petraeus resignation. will we ever get the truth about the libyan massacre? later, secretary of state hillary clinton steps down in january. will benghazi be her legacy? i have a cold... i took dayquil,

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>>. >> judge jeanine: will we ever get the truth about the benghazi

massacre. congressional members begin their hearings next week seek that go truth. with me congresswoman ross layton from miami and congressman tom rooney. thank you so much for being with us this evening. i'm going to start with you chairwoman. you chair the house foreign affairs committee. i understand that you have written, i believe, three letters to secretary of state hillary clinton. did you ever get a response from her? >> well, we're waiting for that response. response we got from the hearing we have scheduled for her to testify on thursday is sorry, i'm in australia because they've got a very important meeting concerning defense needs. she says she is negotiating with us and perhaps appear before the end of november. this -- we want an open hearing because the american people

deserve answers. every time we have a classified briefing we'll have another one this week. those are all fine and good. what happens that the administration is free to leak any information that it wants to the press and we are not able to discuss any of the testimony they have given to us in a classified hearing. why do we want this n an open hearing? four americans were killed in an terrorist attack in a coordinated terrorist attack. we know from cables that you've brought on your show that one month before this september 11th attack, already the consulate in benghazi was telling the obama administration, hey, we do not have a good security situation here. it is deteriorating badly. we have ten of them around our consulate, islamic jihadists are

surrounding us. >> problem is cables you are referencing the august 16th cable. right up to the day he died. whole thing i'll go to you congressman rooney. saying that libya has been normalized and we don't need all the security, do you think you will get straight answers with the house intel committee that you are on? >> i hope so. certainly the week has been thrown on the ear with the announcement on friday. i do believe that we've had a very good working relationship with the intelligence community over the last several years. i think that the information that we get and we have gotten has been adequate. i do believe that when you see the facts come out, at least i'm

hopeful that the intelligence community is not going to be the problem here. it will be other elements that the chairwoman is probably going to have to deal with. there are a lot of unanswered questions. >> judge jeanine: what are the elements you are referring to? >> i think you get to point where you do your job as the intelligence community and you let the powers that be above you know this is what is going on. what do you want to do? it sort of becomes a state department issue or an administration issue. i do not feel the intelligence community as they have said was the one who made the call that we are going to stand down and not engage. >> judge jeanine: let me make it clear, congressman rooney you have a military background? >> yes, i was a judge advocate in the army as was my wife and

taught constitutional law at west point. >> judge jeanine: you believe that the general resigning, do you think it has anything to do with his ability to speak freely about these issues? >> i'm not going to speculate about that. we do want to hear from him regardless whether or not he is the director of c.i.a. or not. he will be asked to come and testify at some point because he was the director on watch at that point. it doesn't matter she currently the director or not. we're going to ask him come in and tell him what he saw and what he knew. we've got questions, they have to be answered. general petraeus was there. >> judge jeanine: congresswoman, let me go to you. if hillary clinton, she, of course, is the secretary of state responsible for security for our diplomats, our ambassador security was reduced at a time when people were

receiving danger pay. there are all these al-qaeda training camps they are complaining about. if she makes a decision not to testify will you prolong it, will you subpoena her? >> we are hoping it never comes to that. we will be hearing in our thursday hearing, hearing from security officers, one person is a 30-year retired c.i.a. security embassy officer who is going to tell us what kind of needs there were in the consulate in benghazi, why those needs perhaps were not met. we're going to be hearing from the gao and they will tell us the demand from state have not been met. they have not addressed those security needs. benghazi is just one of the many kind of problems we could have worldwide. we hope that the secretary of state just like tom said, he has

good working relationship with the intelligence committee. we have a good working relationship with the department of state, but when jay carney the white house spokesman says that this white house has been cooperating with congress all along on benghazi, that is an out and out lie. what we've seen from this administration and the state department is cover-up and deception. that is why we would not just a private hearing we're going to have friday, we want an open hearing because the american public deserves it. secretary clinton, i am optimistic will meet our requests and be appearing before us. >> judge jeanine: i have to wrap right here. congressman, have you seen court-martials for adultery? >> i don't see it. article 134 allows for that and general petraeus has probably signed the orders from military judges for your officers throughout his career.

it's possible. we technically would have jurisdiction over him. i don't see them reaching back and pulling him to charge him with adultery at this point. it's something we have good order for discipline and conduct becoming an officer in the military. i don't see it happening. >> judge jeanine: thank you both so much. hopefully we'll get answers next week because the american people deserve to know. up next, former defense department official and friend of david petraeus on why she thinks his resignation may be good for the now former head of the c.i.a. remember when you said men are superior drivers?

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>> judge jeanine: security analyst casey mcfarland was recently with him in afghanistan. k.t., great to have you on. your reaction to the news? >> general petraeus is stand-up kind of guy. he is kind of guy that runs towards bullets. now, the resignation, this is not something where he is cowering away. 18 months ago when i was with him in afghanistan is when he got the word as c.i.a. director. great picture. it was right after actually paul will la this just left. >> judge jeanine: did you ever meet her? >> at other times. >> judge jeanine: what did you

think of her? >> she is very smart, very attractive. she went to west point and getting a ph.d. she wrote a pretty good book. the thing about general petraeus he would have to have a polygraph test if he went to the c.i.a. the affair would have come out then. after. >> judge jeanine: the f.b.i. would do an investigation? >> the f.b.i. would do another investigation. then the c.i.a. would have given him a polygraph test. everybody that works with the c.i.a. gets a lie detector test. one of the first questions they ask you, is there anything in background that would be a cause of embarrassment. everybody who has had that test, you start thinking, what did i do when i was a junior in high school. general petraeus would have come forward at that point. that file would have gone to the white house personnel office. they would have seen he would have had an affair.

>> judge jeanine: as i said in my opening. she was with him in afghanistan. >> so this investigation was not f.b.i. was year later. >> when i was there some in spring of 2011 there were rumors from a number of people. if the white house knew, 18 months ago, why was it okay 18 months ago and not okay now. >> judge jeanine: what is the answer? >> i think what happened now that david petraeus is going to testify about what really happened before and during and after benghazi. >> judge jeanine: he wouldn't lie? >> here is the second thing. i know i've been on the job if a senior official is going to testify before congress, he submits it to the white house. if they saw what he is going to

say, we don't want you to say that. maybe it's time for you you to leave. say, look, i don't want you breathing down my neck. i'm leaving. you will not be able to hold that over. all this is speculation, i do know that general petraeus is completely free to say what he wants. >> judge jeanine: at the end of the day he says he is going to testify. they can hold him contempt. >> the other thing that you mentioned the c.i.a. statement, nobody at any time denied anything. >> judge jeanine: all right, k.t. mcfarland. always good to see you. how far would congress go to get general petraeus and hillary clinton to tell us with a what happened? there is a discrepancy between the department of defense and

c.i.a. and state department time lines on the benghazi attack. who is lying? many of my patients clean their dentures with toothpaste.

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live from america's news headquarters, people are still struggling from super storm sandy now getting help from others that went through similar situation in new orleans. an amtrak train arrived. boxcar was full of storm relief items full of diapers and dog food. >> after four days of tallying vote florida. president obama winning the sunshine state with 50% of vote being his challenge by less than 74,000 votes. long lines at the voting booth

kept many people casting their ballots late into the night. thin win margin made the race hard to call and took longer to count. i'm harris faulkner, now strike back to justice with judge jeanine. >> judge jeanine: hillary clinton will soon return to the private sector. this controversy over what really happened in benghazi rages on. one frustrated member of congress trying to get to the truth is trey joins us from south carolina. congressman, thank you for being with us. congressman, a do you think about the resignation of general petraeus? >> my sympathies to go holly petraeus on a personal level. his resignation was appropriate. we got a lot of questions from a

timing standpoint about when the affair was disclosed to the white house. whether or not it was time to avoid the election but general petraeus, his career suggested he is a man of honor despite this notable indiscretion. i would not expect us to have to subpoena him. if we do have to, i would expect us to do it and have no hesitancy in doing it. >> judge jeanine: congressman, there is no question you would have to to face the consequences of contempt of congress. all of our sources are telling us, it's not that he doesn't want to appear with this news. maybe this isn't the best week for him to come out and talk about it. are you familiar, congressman, i know you are former u.s. district attorney, once you are within the scope of an f.b.i. investigation that the chair and ranking members of key committees must be briefed by

the f.b.i. do you think you'll be able to get into this investigation in addition to benghazi and the failure of this administration to protect americans, do you think you'll be able to get when the f.b.i. knew what they knew and what they should have said and to whom? >> i'm sure eventually. mike rogers is a former f.b.i. agent. he is the chairman of our intelligence committee. i suspect he will get that answer. i also suspect it will be in a classified or closed hearing. i prefer open hearings folks are already legitimately conspiratorial enough. and the issue would be whether he knew he was under f.b.i. investigation. i believe his paramour knew she was under investigation.

i would like to ask the chairman so i can answer i have a lot of questions today even at a memorial service for veterans. from widows and daughters of veterans about benghazi. >> judge jeanine: congressman, you and i are former d.a.s and if the f.b.i. is investigating someone and they come upon your e-mails which is what happened to general petraeus, they can't continue to monitor his e-mails without some kind of complaint regarding continuing discussion or monitoring of his e-mails, right? >> unless the person... unless the person he was e-mailing was cooperating with the investigation. he does not have an expectation of a privacy. >> judge jeanine: that would

make him a target? >> you would not have to go to court. you could go to article 3 judge. if i sent you an e-mail, you could do what you want to with it. including giving it to f.b.i. i don't know enough about the facts. >> if they are investigating, if this woman they are investigating how did the f.b.i. get involved. f.b.i. doesn't do local g-mail unless they know they are involved with the head of the c.i.a., then the f.b.i. gets involved. >> look i like the f.b.i. i was never successful for them to get them to look at simple e-mail hacking cases. i would like to ask the bureau, i am biased toward them and give them the benefit. doubt. it is unusual that two females who are having a dispute apparently over general petraeus would want the federal bureau of

investigation getting involved and him not know it. i don't have the facts to prove it. that is something else i would like to know. >> judge jeanine: always good to have you on. secretary of state hillary clinton honored ambassador stevens at a ceremony this past thursday. >> chris understood that diplomats must operate in many places where soldiers do not. where there are no other boots on the ground and security is far from guaranteed. he volunteered with those kinds of assignments. >> judge jeanine: with me is former navy seal and c.i.a. officer who trained with tie woods and glen do her at this. thanks for being with us. you saw that shot of hillary clinton talking about how security is far from guaranteed. do you buy that, in libya and

benghazi? >> i don't buy that at all. the request for security were completely denied time and time again. this was something that was brought up nine months before the incident. red cross was attacked there, british ambassador was attacked. we stayed and nothing was emboldened. >> judge jeanine: let me ask you this, you are both c.i.a. and navy seal. you have ty woods who is asking help on the ground. he is giving the coordinates of mortars that ultimately killed him. would someone tell him to stand down? would that happen? >> he was told to stand down before he even left to go to respond. they were told to stand down when they were still in the annex. he completely disregarded it. within 20 minutes of the siege

occurring they were on site defending the embassy from attack. he was told to stand down. he disregarded it. he took the other gief guys with him. they picked up three libyans and a total of nine guys. they were told to stand down. >> judge jeanine: let me ask you this. you went to field school with both ty woods and glenn? >> with glenn, we were there at the same time. they were all medics. i was a medic. we have done cross training. our work has crossed paths in the state department. the fact that these guys.... >> judge jeanine: you were in libya? >> yes. the fact they were hung out to dry exposed by a set of dog balls pisses me off. we could have jets in the air soon after the incident. these things are in italy. they are not sitting them with

bombs on them, they have to be loaded but hour response time. they have no support the request for heavy weapons were ignored. >> judge jeanine: why do you think that was? >> i am passed by that. >> judge jeanine: do you think hillary clinton when she speaks about volunteering, he wasn't like you, he wasn't military? >> no. ambassador stevens was an amazing man. a bright light that dim part of the world but he wasn't military. >> judge jeanine: what do you think what she says? >> not only were her comments very calculated but way too late. i don't believe much that comes out of her mouth. good thing about this, except for general petraeus, there is not a sex scandal attached to this story. sex sells, i think the fact there is a sex scandal, this will get front line and center

press. >> judge jeanine: thanks for being with us. thanks for what you do for all of us. was general petraeus a sacrifice for the obama administration after the libya debacle. [ male announcer ] humana and walmart have teamed up to bring you a low-priced medicare prescription drug plan. ♪ with a low national plan premium... ♪

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>>. >> judge jeanine: when the finger pointing started after

the libyan massacre the c.i.a. refused to be thrown under the bus. so was one of the most celebrated generals of our time forced out after refusing to fall on his sword? with me is retired colonel david hunt and former c.i.a. officer gary bersen. all right. your reaction to the petraeus resignation? >> tragic thing for his family. timing is terrible. i don't personally care if he has sex with. we need good people. >> judge jeanine: i think most people would agree? >> i would agree. this man had four decades of service. did great things for the country. to loose him over something like this it's very unusual. he was not in the military, this would have been a violation. in the c.i.a. he wasn't breaking the law. he will have to get straight

with his wife. my point is that was not a violation of the law. that was not. >> judge jeanine: uniform code of military justice? >> but he is director of c.i.a.. >> judge jeanine: but the truth was if he was having the affair if he was a general he comes under the code or not. >> if he was having an affair while under the unform we have discharged other people for doing this. >> judge jeanine: this week we saw the department defense with its time line with the massacre in benghazi. the c.i.a. came out with its time line. how do you compare the three of them? are they all exactly the same? >> the problem is we have satellite and drones. we have secure radio conversations. we had realtime intel. it's impossible to have different time lines. >> judge jeanine: that is an interesting point. what the colonel is saying, if we have drones that are getting

this in realtime and secure phone conversations, we have audio-visual how can they possibly disagree on what time it happened? >> c.i.a. officers were told to stand down. that may be correct. the chief may have said, we're going to try to get the libyans here. >> judge jeanine: the one that were taken pictures. >> he may have said that. c.i.a. officers distinguished themselves. they went and do everything they could to rescue the ambassador. >> judge jeanine: what is interesting when they went back to the annex, all right, it was hours before the final attack where they were killed. >> and they were waiting to help. >> judge jeanine: why did help never come? >> because the president of the united states never gave the order.

rather than going directly to benghazi, we have a white house that refused to pull the trigger. >> in an interview, i gave the order to secure them. that doesn't mean anything. there is no military order to secure people. you either attempt to rescue them or save them or you don't. >> judge jeanine: how do you secure them? >> it's a euphemism for nothing. >> judge jeanine: you are going to stay with us. was the white house failure to respond to the seven-hour libyan assault one that cost americans their lives? stay with us, we'll be back. where others fail, droid powers through.

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>>. >> judge jeanine: back with retired colonel, david hunt and gary burnseven. we were talking about the new time lines and now the question is, how did the c.i.a., department of defense and state's time lines differ? everybody is watching this in realtime? >> it can't be different. they all watched the same thing at the headquarters and liason officers in realtime. someone is lying. >> judge jeanine: if someone is lying, as you go through the time lines, you know you have, what doesn't make sense? >> the department of defense claims first of all, 22 hours was not enough time to get a force on the ground in benghazi

is ridiculous on the face. you could drive a car ear here from there. >> judge jeanine: let's talk about ciganella? >> how is it 22 hours? >> it's not. i point and gary knows, we had c-17 and c-1 30s and forces in germany and in spain to go straight from there into libya with few hours. >> i agree with that. the question is the time line. c.i.a. time line is tight. they move forces very quickly on from tripoli to benghazi but they get trapped at the airport. they don't have a military escort to come out of benghazi airport to get over to provide support earlier. they lose a number of hours.

then once they finally do get there, several of them are killed. >> judge jeanine: they were their heroes, t789 woods were absolute heroes. you hear this the argument we need to get permission for libyans to go airspace. >> there is no air force in libya. air force captains flying the f-16s would not have any problems. >> they don't have any spare parts. >> judge jeanine: let's talk about the fact, f-1625 minutes from aviano? >> problem is, the president of united states has to give the order and he never gives it. planes in italy or germany or

sigonella. >> if you would give the administration the benefit of the doubt, they were waiting for things to develop and get an understanding. they didn't understand they needed to acted immediately. they failed to recognize the shear danger of all of this. >> judge jeanine: how could you? >> they didn't get it. the fact that we lost an ambassador, it's a stunning failure of leadership by the president. those around the president should have said, mr. president you don't go to bed. >> this is 3:00 a.m. phone call flunk. it would take one word, go. >> those around the president should never let him leave the situation room. >> judge jeanine: we have no pictures of him in the situation room. we know he went to vegas that night. >> there is a point you have to say, you must do this.

>> judge jeanine: a ten-year-old would be able to know. we couldn't get the f.b.i. in there for four weeks. >> it was ridiculous. >> whose permission, we give them $132 million a year. >> to this day we have not secured the site and embassy in benghazi. >> as i mentioned before, in 1998, i led the team to east africa and we had the embassy secured in 24 hours. >> judge jeanine: thanks so much for being with us. that is it for tonight. thanks for joining us. e-mail us your comments. follow me on twitter at judge jeanine and we'll see you next week, same time and same place. [ female announcer ] today, jason is here

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